Victim suffered broken leg and was left with 30% disability rating
A 67-year-old German woman is set to receive €478,000 in compensation for a golf cart accident in the Algarve in which she suffered a broken leg, leaving her with a 30% disability rating.
The verdict was confirmed by Portugal’s Supreme Court of Justice on April 27, reports Jornal de Notícias.
The accident dates back to April 5, 2017, when the tourist and a friend were preparing to play a round of golf and requested a golf cart at an unnamed golf course in the Algarve.
During the ride, the two women were thrown off the cart during a “sudden manoeuvre” at a roundabout.
The woman fell onto the asphalt, fracturing her right femur, having undergone several surgeries and treatments.
According to JN, the German tourist filed a lawsuit against the golf club’s insurer, seeking €1.1 million in damages plus interest.
In the first instance, the Faro Court considered the tourist partially responsible and awarded her €310,000 in compensation for expenses, loss of earnings, and material and non-material damages.
After appealing the decision, the Évora Court of Appeals ruled out any responsibility on her part, holding the insurer liable for the total damages and estimating the compensation at €478,000.
The insurer appealed to the Supreme Court, arguing that while the driver agreed to carry two passengers, the injured party was made aware that the cart was only intended for two people in total and still sat on it, contributing to the accident.
However, the Supreme Court judges stressed that there was “no evidence to suggest that overcrowding” was the cause of the accident.
